T.M. INTERNATIONAL Vs. MEENA GARMENTS

JUDGEMENT

(1.) Heard both sides.

(2.) The Revision Petitioner is the Defendant in O.S. No.119 of 2018 on the file of Principal District Judge, Karur. The Suit was instituted in the name of Meena Garments duly represented by its Proprietor K. Sivanandapathi. I.A. No.6 of 2024 was filed for amending the Plaint as follows:

(3.) The learned Counsel appearing for the Revision Petitioner raised two contentions. He pointed out that a Proprietary concern is not a legal entity and that the Suit filed in its name is not maintainable. He also pointed that even if the amendment Order is sustained, the amendment should come into effect from the date when the amendment was ordered. He drew my attention to Sec. 21 of the Limitation Act, 1963 and the Judgments reported in Ramalingam Chettiar v. P.K. Pattabiraman & another, 2001 SAR (Civil) 327 and Manonmaniammal & others v. Dr. Duraikannu & others, 2005 (4) MLJ 4. He called upon this Court to set aside the impugned order and grant relief as prayed for.